Jan. 30 GEORGIA: Bill to end requirement for unanimous death penalty juries It takes 12 jurors to decide whether to sentence a defendant to death in Georgia, but that would change under a bill introduced in the General Assembly. House Majority Whip Barry Fleming of Harlem and other legislative leaders introduced a measure Monday to give judges discretion to issue the death penalty even if up to three jurors voted against it. Fleming says changing the law would prevent a handful of jurors who oppose capital punishment from "sabotaging the death penalty." Defense attorneys warn that the measure would almost certainly lead to a legal challenge. They say a death sentence should be the most difficult punishment for the state to obtain. The law currently requires jurors in death penalty cases to determine unanimously whether the suspect is guilty. Then, all 12 must decide whether the crime is worthy of capital punishment. Before jurors can be seated in those cases, they must say whether they are morally opposed to the death penalty, If so, a judge must excuse them. (source: WMGT News) *************** Death penalty could be easier to impose----Bill would allow execution if nine jurors agreed A Gwinnett County jury in 2005 unanimously concluded that Wesley Harris kidnapped and murdered a 2-year-old girl and her mother, stuffed them in a trunk and set the car on fire. But only 10 of the 12 jurors voted to give Harris the death penalty, so his life was spared. Some Georgia legislators are hoping to change state law so people like Harris could be condemned to death even if only 9 jurors agree on the sentence doing away with the unanimous jury requirement in death penalty cases. House Majority Whip Barry Fleming (R-Harlem) cites the Harris case in introducing House Bill 185. The bill, which was filed Friday, would give judges the discretion to impose the death sentence on nonunanimous jury verdicts in which at least nine jurors voted for execution. That means verdicts of 9-3, 10-2 and 11-1 could lead to a death sentence. HB 185 does not change the requirement of a unanimous jury needed for conviction. Prosecutors say the change will help them secure death penalty verdicts, which are increasingly difficult to get as questions mount over the imposition of capital punishment in the United States. Defense lawyers say such a change would put Georgia in a category of only a few states that allow elected judges to impose a death penalty without a unanimous verdict. Fleming said prosecutors, including the district attorney in Augusta near his hometown, sought the bill. He said that during jury selection some people will say they can impose the death penalty if necessary, but later refuse to do so on moral grounds. "People morally opposed to the death penalty obviously aren't opposed to fibbing," Fleming said Monday. Other key lawmakers, including House Majority Leader Jerry Keen (R-St. Simons Island), have signed on to the bill. Gwinnett County District Attorney Danny Porter cheered HB 185. His office tried the Harris case. "One juror said she could not vote to put another black man on death row and that was the end of that case," Porter said of the case. In interviews following the Harris verdict, one juror backed up Porter's assertion that the holdout was based on race, although other jurors said they weren't sure why the black woman held out. The other holdout was Asian. Harris was sentenced to life in prison without parole. Porter said he thinks in death penalty trials defense attorneys try to pick jurors based on race and gender who are less likely to impose capital punishment. Veteran death penalty attorney Jack Martin dismissed such claims by prosecutors as "urban myth." Martin did not represent Harris. Martin said there can be many reasons why jurors don't impose the death sentence: They might find something redeeming about the defendant; there might be a lingering question of guilt; there might be a mental illness that could help explain the crime. "Before you impose the ultimate sentence, there needs to be a consensus of the community not a majority," said Martin. Majority verdicts could allow minorities, particularly African-Americans, to be ignored during jury deliberations, he said."It would be venturing into uncharted waters under the U.S. and the Georgia Constitution," Martin said. Stephen Bright, a senior lawyer at the Atlanta-based Southern Center for Human Rights and a nationally recognized expert on death penalty law, said the bill represents a "marked" departure from current law. Juries in Alabama and Florida currently make only a recommendation on the death penalty, and the decision is ultimately up to the judge. In those states, the jury recommendation does not have to be unanimous. Bright said leaving the decision to elected judges in nonunanimous verdicts, as proposed in HB 185, is particularly troublesome. In other states, he said, judges have been more likely to choose the death penalty if there's an election coming up. "There are political considerations that are going to come into play that don't come into play when you have a largely anonymous jury ... and no one person is the lightning rod for the decision," Bright said. (source: Atlanta Journal-Constitution) ARIZONA: Suspect in prof. murder may face death penalty Marco A. Chavez, 31, a suspect in the murder of UA professor Mac E. Hadley, will face his first in a series of pre-trial court hearings April 2, according to Pima County Superior Court officials. Chavez is facing charges including first degree murder and may be given the death penalty if convicted. "The state has filed an allegation noticing intent to seek the death penalty," said The state has filed an allegation noticing intent to seek the death penalty. - Darlene Armbruster, defense attorney Darlene Armbruster, Chavez' defense attorney, although she could not comment further on the specifics of the case. The body of Hadley, 76, was discovered after a fire burned his house down on Nov. 15. Police discovered Hadley's 1996 Camry in Nogales, Ariz., which led them to Chavez, whom they arrested as a suspect shortly after. Hadley was found dead, and police believe Chavez set the house on fire to cover up the murder. There are no new developments in the case and the suspect is in the hands of the County Attorney's Office, said Sgt. Mark Robinson, public information officer with the Tucson Police Department. Robinson said the investigation is most likely closed, although he was not certain. Before his death, Hadley was a member of the cell biology and anatomy department. The week of his death, Hadley was in the process of negotiating a $200 million deal involving his research on melanocortin hormones with other UA researchers. His text on endocrinology is in its 6th edition. The trial is open to the public and will be held in the Pima Superior County Courthouse, 111 W. Congress St. (source: Arizona Wildcat) KANSAS: Former death row Inmate Will Speak at a Death Penalty Rally A former death row inmate who was exonerated by DNA evidence will speak at a noon rally in Topeka today. Arizona postal worker Ray Krone spent ten years behind bars, some of that time on death row, until DNA evidence proved him innocent of killing a cocktail waitress in 1991. He was the 100th exonoree from death row since 1973. Bills are to be introduced today in the House and Senate calling for repeal of the state's death penalty. The rally marks the 100th anniversary of the day Kansas abolished the death penalty. It was revived and dropped several times and is currently in place. Since 1994, 10 men have received death sentences for capital murder in Kansas. None has been executed. (source: Associated Press) ARKANSAS: Death penalty dropped over man who fled to Calgary----Americans take capital punishment off table in bid to have murder suspect in Calgary returned U.S. prosecutors have agreed to drop the death penalty in a bid to have an accused double killer arrested near Calgary returned to Arkansas to stand trial. But it's possible Timothy Dale Wallace could be freed this week following a hearing before the Canadian Immigration and Refugee Board. Rebecca Bush, a prosecutor with Saline County in Arkansas, said many locals badly want Wallace's return, but she admitted it's in Canada's hands. "It may depend to a large extent on the legal avenues Mr. Wallace will avail himself up in Canada," said Bush. Nonetheless, U.S. authorities had no alternative but to drop the threat of the death penalty in order for Canada to agree to deport him, Bush said. "It's just the way it's got to be -- any time you're asking us to give up something we're legally entitled to, there's some regret," she said. But she said the family of Wallace's alleged victims "agree this is the only option available to us to get him back." Former U.S. soldier Wallace, 43, is accused of shooting to death his ex-wife and her boyfriend in 2005 in Benton, Ark. On Oct. 5, 2006, he was arrested by heavily-armed officers in a motel in Longview, 60 km south of Calgary. Prior to that, he fled the U.S. despite a $500,000 bond with conditions he remain in the country, originally fleeing to Mexico before entering Canada under the name Tim Bond. He's being held at the Calgary Remand Centre under orders of the Canada Border Services Agency (CBSA) for illegally entering the country. Canadian officials have determined they don't have sufficient grounds to hold Wallace based on the U.S. murder case against him. CBSA spokeswoman Lisa White said the agency doesn't want to see Wallace slip through the cracks. "Our role is to keep him detained for as long as we can and then remove him," she said. "Canada is not a safe haven for fugitives." The immigration board could order Wallace released, or that he be remanded in custody for another 30-day period at its hearing this Thursday. A board official also said the absence of the death penalty in the case could speed Wallace's deportation to the U.S. In previous board rulings, Wallace was denied freedom due to being a flight risk. (source: Calgary Sun) WASHINGTON: Death penalty sought for accused quadruple murderer King County Prosecutor Norm Maleng is seeking the death penalty for a man accused of stabbing 2 women and 2 young boys, then setting their Kirkland house on fire. Maleng's decision was announced today in a Superior Court hearing for Conner Schierman, a 25-year-old hotel maintenance worker who lived across the street from the victims. Conner Schierman listens in Judge Greg Canova's courtroom as a King County prosecutor announces plans to seek the death penalty against him. Army National Guard Sgt. Leonid Milkin, who was serving in Iraq when his family was killed on July 17, said he believed it was the right choice. "It's not just a tragedy - there is a person behind this," Milkin said. "Four beautiful people have been murdered." If Schierman is found guilty of aggravated murder, it would be up to a jury to decide whether he should live or die. A death sentence must be unanimous. In court documents, Maleng, who has now sought the death penalty in four of 31 aggravated murder cases in the past decade, wrote that there was not sufficient reason for leniency. Deputy Prosecutor Scott O'Toole said Maleng firmly believes it's a decision for a jury of 12 people to make. Leonid Malkin speaks to reporters after a court hearing at which prosecutors announced they will be seeking the death penalty against Conner Schierman, accused of murdering Malkin's wife, sister-in-law and 2 sons. Malkin is surrounded by family members, and King County Deputy prosecutor Scott O'Toole, at rear center. Schierman's attorney, James Conroy, said he would challenge whether Washington's death penalty is constitutional and whether Maleng - or any prosecutor - should be able "to pick and choose who they decide to seek the death penalty for." He said Schierman's family was taken aback by the news. A trial is set for March 26, but most expect the date to be delayed. Another hearing is set for Thursday. Superior Court Judge Greg Canova revoked Schierman's bail, which was already set at $10 million. Schierman remains in King County Jail. Schierman is charged with four counts of aggravated murder and one count of arson for the July 17 deaths of Olga Milkin, 28; her sister, Lyubov Botvina, 24; and the Milkins' two sons, Justin, 5, and Andrew, 3. A motive remains unclear. Schierman told police he drank too much vodka, blacked out and awakened to find himself covered in blood in the victims' home, according to court documents. It will be the 1st time Maleng's office has asked a jury to sentence someone to die since the trial of Kevin Cruz, who killed 2 men and wounded 2 others in a 1999 shooting at Seattle's Northlake Shipyard. Jurors, who heard Cruz had mental health issues, spared his life. The Schierman case is also the 1st time Maleng has sought capital punishment since he allowed Green River serial killer Gary Ridgway to trade details about killing 48 women for his life. Ridgway pleaded guilty and is serving life in prison. The plea deal raised questions about whether anyone could fairly be executed when Ridgway escaped that fate, but the state Supreme Court narrowly upheld Washington's death penalty law last year. Maleng has sought execution in roughly a quarter of his office's aggravated-murder cases since the current death penalty law was enacted in 1981. (source: Seattle Post-Intelligencer)
[Deathpenalty] death penalty news---GA., ARIZ., KAN., ARK., WASH.
Rick Halperin Wed, 31 Jan 2007 00:04:57 -0600 (Central Standard Time)
